Reporting to the Ministry of Home Affairs' Electronic Information Portal, Mr. Vo Van Dien (character's name has been changed) questioned the salary arrangement for commune cadres who have participated in compulsory social insurance (SI) under Decree 33/2023/ND-CP dated June 10, 2023 of the Government.
Mr. Dien gave an example, in the case of Mr. Nguyen Van A, born in 1982, with a Bachelor of Law degree, granted on July 27, 2023.
Mr. A is a part-time worker at the commune level who has participated in compulsory social insurance for 9 years (from January 2016 to December 2024).
On December 9, 2024, Mr. Nguyen Van A was approved to the position of Chairman of the Commune Farmers' Association.
According to Clause 3, Article 16 of Decree 33/2023/ND-CP dated June 10, 2023 of the Government, in the case of a person elected as a commune-level cadre, recruited or accepted as a commune-level civil servant as prescribed in this Decree, who has had a working period with compulsory social insurance contributions, and has not received a one-time social insurance subsidy, the working period with compulsory social insurance contributions will be calculated as the basis for salary classification (except for probationary and probationary periods), the working period with non-continuous compulsory social insurance contributions will be accumulated.
Mr. Dien expressed his wish to have the Ministry of Home Affairs guide how to arrange salaries for Mr. Nguyen Van A.
The Ministry of Home Affairs has responded to Mr. Vo Van Dien's proposal.
According to the provisions of Clause 3, Article 16 of Decree No. 33/2023/ND-CP dated June 10, 2023 of the Government regulating commune-level cadres, civil servants and part-time workers at the commune level, in villages and residential groups; Article 19 of Decree No. 138/2020/ND-CP dated November 27, 2020 of the Government regulating the recruitment, use and management of civil servants (amended and supplemented in Decree No. 116/2024/ND-CP) does not have enough basis to calculate salary classification according to rank and grade (training level) when elected or recruited as commune-level cadres and civil servants.
According to the provisions of Clause 1, Article 5 of Decree 33/2023/ND-CP, the Chairman of the Commune Farmers' Association is determined to be a commune-level cadre.
Article 16 of Decree No. 33/2023 clearly states the salary arrangement for commune-level cadres and civil servants as follows:
1. Commune-level cadres and civil servants who have graduated with training levels according to the standards on professional qualifications and skills prescribed in this Decree will be salary classified as administrative civil servants with the same training level prescribed in the professional and technical salary table for cadres and civil servants in state agencies issued with the Government Decree on salary regime for cadres, civil servants, public employees and armed forces.
The training level diploma is implemented according to the regulations of the Ministry of Education and Training and the competent authority or organization issuing the certificate.
2. In case during the working period, commune-level cadres and civil servants have changes in their training level in accordance with the current position and title, the Chairman of the District People's Committee shall be proposed to arrange salaries according to the new training level from the date of graduation.
3. In case a person elected as a commune-level cadre, recruited or accepted to work as a commune-level civil servant as prescribed in this Decree but has worked for a period of compulsory social insurance contributions and has not received a one-time social insurance allowance, the working period with compulsory social insurance contributions will be counted as the basis for salary classification (except for probationary and probationary periods), the working period with non-continuous compulsory social insurance contributions will be accumulated.
